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DECISION

Authorizing the management board of Nhon Hoi economic zone, Binh Dinh province, to formulate projects; receive and consider project dossiers; grant, adjust and withdraw investment licenses; and manage activities of foreign direct investment projects in Nhon Hoi economic zone

THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to the November 12, 1996 Law on Foreign Investment in Vietnam and the 2000 Law Amending and Supplementing a Number of Articles of the Law on Foreign Investment in Vietnam;

Pursuant to the Government's Decree No. 24/2000/ND-CP of July 31, 2000, detailing the implementation of the Law on Foreign Investment in Vietnam and Decree No. 27/2003/ND-CP of March 19, 2003, amending and supplementing a number of articles of Decree No. 24/2000/ND-CP;

Pursuant to the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, issued together with the Government's Decree No. 36/CP of April 24, 1997;

Pursuant to the Government's Decree No. 61/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Prime Minister's Decision No. 233/1998/QD-TTg of December 1, 1998, decentralizing and authorizing the licensing of foreign direct investment projects;

Pursuant to the Prime Minister's Decision No. 141/2005/QD-TTg of June 14, 2005, establishing Nhon Hoi economic zone, Binh Dinh province, and promulgating its Operation Regulation;

Pursuant to the Prime Minister's Decision No. 142/2005/QD-TTg of June 14, 2005, approving the General Planning on construction of Nhon Hoi economic zone, Binh Dinh province;

Pursuant to the Prime Minister's Decision No. 256/2005/QD-TTg of October 18, 2005, setting up the Management Board of Nhon Hoi economic zone, Binh Dinh province;

Pursuant to the Prime Minister's Document No. 2098/TTg-CN of December 27, 2005, on licensing investment in Nhon Hoi economic zone, Binh Dinh province;

At the proposal of the People's Committee of Binh Dinh province in Report No. 107/TTr-UBND of November 7, 2005,

DECIDES:

Article 1.-

1. The Management Board of Nhon Hoi economic zone, Binh Dinh province (hereinafter referred to as the Management Board) shall guide investors who invest in Nhon Hoi economic zone and operate under the Operation Regulation of Nhon Hoi economic zone, Binh Dinh province, issued together with the Prime Minister's Decision No. 141/2005/QD-TTg of June 14, 2005; the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, issued together with the Government's Decree No. 36/CP of April 24, 1997; and the provisions of law on foreign investment.

2. To authorize the Management Board to receive and consider project dossiers; to grant to, adjust and withdraw investment licenses from, and manage activities of, foreign direct investment projects in Nhon Hoi economic zone defined in this Decision.

Article 2.- The Management Board shall consider and grant licenses to foreign investment projects in Nhon Hoi economic zone approved under the investment licensing registration process stipulated in this Decision.

Article 3.-

1. Foreign direct investment projects in Nhon Hoi economic zone approved under the investment licensing registration process which the Management Board is authorized to license must fully meet the following conditions:

a/ Being in line with the planning and Operation Regulation of Nhon Hoi economic zone, which have been approved by competent authorities;

b/ Not belonging to group A of projects defined in Clause 1, Article 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which was supplemented and amended in Clause 26, Article 1 of Decree No. 27/2003/ND-CP of March 19, 2003;

c/ Not belonging to domains for which investment licensing is not decentralized as provided for in Clause 2, Article 115 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which was supplemented in Clause 27, Article 1 of Decree No. 27/2003/ND-CP of March 19, 2003;

d/ Not being on the list of conditional investment domains issued together with the Government's Decree No. 24/2000/ND-CP of July 31, 2000, and Decree No. 27/2003/ND-CP of March 19, 2003;

e/ Being industrial, industrial-service or group-B projects capitalized at up to USD 40 million, which fall within the deciding competence of the Ministry of Planning and Investment according to the provisions of Clause 2, Article 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000.

2. Dossiers of projects of application for investment licenses shall comply with the provisions of Clauses 1 and 2, Article 106 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which was supplemented and amended in Clause 23, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003. Applications for investment licenses shall be made according to Form No. 1 and their enclosed documents shall be made according to Forms No. 2.b, 3.b, 3.c and 4.b of Appendix II to the Planning and Investment Ministry's Circular No. 12/2000/TT-BKH of September 15, 2000, guiding foreign investment activities in Vietnam.

Where investment projects are on the list of projects subject to the formulation of reports on assessment of environmental impacts, investors shall abide by the provisions of Circular No. 490/1998/TT-BKHCN of April 29, 1998, of the Ministry of Science, Technology and Environment, guiding the formulation and evaluation of environmental impact assessment reports for investment projects, and enclose them with dossiers of application for investment licenses.

3. The Management Board shall grant investment licenses when investors' dossiers of application for investment licenses fully meet the conditions and procedures set in Clauses 1 and 2 of this Article.

4. Within 15 working days after receiving valid dossiers, not counting the time for investors to amend or supplement their dossiers of application for investment licenses at the request of the Management Board, the Management Board shall grant investment licenses to projects that fully meet the set conditions.

All requests of the Management Board for investors to amend or supplement dossiers of application for investment licenses or adjusted licenses shall be made within 7 working days after the project dossiers are received.

5. For group-B projects not yet on the list of those in approved branch development plannings or product plannings, before making decisions on investment licensing, the Management Board shall have to send brief descriptions thereof to the Ministry of Planning and Investment, and consult concerned ministries and branches on matters falling within their respective competence for consideration and approval.

Ministries and branches, when consulted on projects, including cases of adjustment to investment licenses, shall have to reply in writing within 10 working days after receiving project dossiers; past this time limit, if they fail to issue a written reply, they shall be considered having approved the projects.

Article 4.-

1. Investment licenses shall be made according to a form set by the Ministry of Planning and Investment.

2. Within 7 working days after granting investment licenses or adjusted licenses, the Management Board shall send the originals of these licenses to the Ministry of Planning and Investment and the People's Committee of Binh Dinh province, and their copies to the Ministry of Finance, the Ministry of Trade, the econo-technical branch-managing ministries and concerned state management agencies.

Article 5.- For projects which the Management Board is not authorized to license, after receiving their dossiers, the Management Board shall keep 01 dossier set (copy) and transfer all remaining sets, enclosed with its opinions thereon, to the Ministry of Planning and Investment for licensing registration according to the provisions of Articles 105 and 106 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which was amended and supplemented in Clauses 22 and 23, Article 1 of Decree No. 27/2003/ND-CP of March 19, 2003, or for licensing evaluation according to the provisions of Articles 109 and 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which was amended and supplemented in Clause 26, Article 1 of Decree No. 27/2003/ND-CP of March 19, 2003.

Article 6.-

1. The Management Board shall guide investors to execute their projects; perform the state management of activities in Nhon Hoi economic zone according to the provisions of the Operation Regulation of Nhon Hoi economic zone, Binh Dinh province, issued together with the Prime Minister's Decision No. 141/2005/QD-TTg of June 14, 2005; the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks, issued together with the Government’s Decree No. 36/CP of April 24, 1997; and the provisions of law on foreign investment.

2. The Management Board shall adjust investment licenses of projects which it has, as authorized, licensed, within the limit of investment capital under its authorized power. The adjustment to investment licenses shall comply with the provisions of Articles 15, 16, 17, 18 and 19 of the Planning and Investment Ministry's Circular No. 12/2000/TT-BKH of September 15, 2000, guiding foreign investment activities in Vietnam.

3. In the following cases, the Management Board shall make decisions after consulting the Ministry of Planning and Investment:

a/ The adjustment to investment licenses will increase the projects' investment capital to a level higher than the limit under its authorized power as specified in Clause 1, Article 3 of this Decision, but such projects still belong to group B falling within the deciding competence of the Planning and Investment Ministry; or result in a change or addition of the objectives of projects on the list of investment domains subject to conditional business.

b/ The reduction of the Vietnamese party's legal-capital contribution in case of joint venture or the transformation of a joint venture into an enterprise with 100% foreign capital.

c/ The dissolution of foreign-invested enterprises or ahead-of-schedule termination of business cooperation contracts.

4. Where adjustments to investment licenses will make the projects become group-A ones, such adjustments must be approved in writing by the Prime Minister before being made.

5. The Management Board shall decide on the dissolution of enterprises and withdraw investment licenses according to current regulations.

Article 7.- Quarterly, biannually and annually, the Management Board shall make sum-up reports on the grant and adjustment of investment licenses and on activities of enterprises in Nhon Hoi economic zone under its management and send such reports to the Ministry of Planning and Investment and the People's Committee of Binh Dinh province.

Article 8.- The Ministry of Planning and Investment shall facilitate and inspect the Management Board in performing its authorized tasks strictly according to regulations, and bear responsibility before law and the Government for the authorization provided for in this Decision.

Article 9.- This Decision takes effect 15 (fifteen) days after its publication in "CONG BAO."